Telegram-herald., 1887-04-14
SOME ELECTION LAW
As Expeunded by Prosecuting
Attorney Clay.
THE OFFICIAL CANVASS COMPLETED.
The Prohibition Protest plsregaroec
The Beard of cansassers Have ;.
Nothing to do With the Poll
Lists and Tallf Sheets

When the County Board OF CanyssseFs
met Yesterday morning the committee u
shon Vas referred presented the following
opinion by Prosecuting Attorney Clay. and
recommended that the Board proceed in
accordance With the directions therein con-
tslned"
To the Honofablr Board OF canvsSers os The
County OF kcnt
The protests to your Board against the
receipt and canvass Of any returns or state
mems from the Beard of inspectors of the
various wards and polling precincts OF the
city Of Grand Rapids. one signed by AM
hest Il. Cheney aud J.. II. rAtem, and the
other by NJ. IL. Walker. III. Is. Fallas. Will
liam r. Shcsid, Aoreau 3. Crosby aud John
w. Stone, together with the resolution OF
Robert Dockeray. having been submitted 10
me for my written opinion thereon. have
the honor 10 submit The following:
Tbe protesters object and protest tor three
reas0ns-first because the Board OF Inspect
ors have not flied with the City or County
Clerk any poll hsts or tally sheets, second,
because the statements OF votes sent 70
the Board of Canvsssers are not sccomps-
MED by the tally sheets; and third, because
there were illegal votes cast at various OF
said precincts. IL is supposed that there
will oe two poll lists at each precinct. See
ton LIS of Howells Statutes directs the dis
position OF shem 80 far as townships are
concerned by providing that one shall be
delivered TO the Township Clerk and one to
the County Clerk, which lists shall be riled
and preserved by them IN their respective
offices" Section 1852 directs the disposi-
ton OF the poll lists in cities by providing
tia. the Inspectors Of Election shall deposiG
said poll lists in the Office OF the City Clerk.
81. II. 49, f,.ff bal a,a
the law having thus disposed of the poll
lists. With VIII !ch the Board OF County Can
vAsseEs has nothing to do. We will examine
the tally sheets
The tally sheet does not appear until the
poll lists have performed their Office. and
the counting OF all votes given for each
officer voted for begins. The poll lists
would give you no aid in ascertsining the
number of ystss cast for each candidate. for
the resson that If a person only voted for
constable, his name must appear on the
poll list Just the same as one voting the fail
ticket, whereas the tally sheet will show
the number Of votes given for each officer.
and should correspond with the statement
required TO be certified by the inspectors TO
be correct. There is no Law requiring the
Board OF Inspectors of any township or
ward 10 return tally sheets TO the Canvass
ing Board The iag requires no other dis
position OF tally sheet except to deliver
one with the certified statement 10 the in-
spectcr appointed by the Bosrdof Inspectors
10 attend the CoantyA Canvass. The indi-
vidual inspector thus designated to attend
the County Canvass Is directed TO cause bis
statement aud tally sheet to be delivered st
the Office OF the County Clerk only in caee
he is unable TO attend ths meeting Of the
Board of County Canvassers, which state
ment aud tally shee, in sucb case only the
County Clerk Is required by law 70 lay be-
fore said Canvsssers- IL might be said that
the tally sheet in such cases takes the place
Of the sbsent Inspector.
IL Is apparent that the law recognizes q
distinction between the poll lists and the
tally sheets by prescribing q different use
for. aud different final disposition Of each.
Whether the poll lists have been delivered
O. the City or County Cislk Is matter with
when your Board has nothing to do.
Your duties are clsarly defined By sec
tious i54 and lS5 OF Horell's Annotated
Statutes as amended by the public acts OF
1855 page 5C1 which directs the csnvassers
- examine the original statements as certi-
fed bV the several Boards Of Inspectors Of
Election and ascertain the number Of votes
in the county Tor the respective State aud
county officers. and maze a statement
thereof as tue nature Of the elcction-msy re-
quire etc.
The next and oaiy remaining objection
mentioned is that Illegal votes were cast in
various Of the precincts. We cannot con-
siler the question IS to whether there wsre
legal OK Illegal votes cast as he Supreme
Court has so explicitly decided that The
hoard cannot 90 back Of the returns before
them or question tho vo.es cast
The professors seeuied 10 lake the position
that becaGse some other officers may no.
nave dene their duty ia regard 70 the poll
lists, therefore you canbot or should not 10
yo1Ts. I ID not understand that kind Of
logic, neither do ! understand the motive
of the eminent ieEsi gentlemen, whose
names are signed % the protest, in interpos-
ing sacb objections % tie speedy perform
ance Of yoar simple duties They should
De disregsrded.
SAurKL ID. Clay.
u